AIIB Insurance Brokers Workplace Health & safety Act 2011.

About Today  When did WHS Act 2011 become Law in NSW?  Who does it effect?  Definitions of the act and where do you fit in?  What and Who are you responsible for?  What are the consequences for non - compliance?  What can you do to be compliant and protect yourself, your assets and your business?

WHS Act 2011  Replaced the OHS Act 2000 on 1/1/2012  Transitional periods to comply ended on 31/12/2012.  Administered and overseen by Workcover NSW

WHS Act 2011  Who does it effect?:  Employer – Now referred to as PCBU  Others Responsible – Now referred to as Officer  Employee – Now referred to as Worker

WHS Act 2011  Definitions of PCPU, Officer and Worker  PCBU – Person conducting a business or undertaking – 1 person and up  Officer – Person who makes decisions that effect the business or undertaking as well as its financial standing (e.g. Directors, secretaries, supervisors)  Worker – Employees, contractors, sub contractors, labour hire, apprentices or trainees, work experience or volunteers.

WHS Act 2011  PCPU -  Must do all that is reasonably practical to ensure a safe workplace.  Officer -  The officers of the PCPU must exercise due diligence to ensure PCBU complies with that duty.  Worker -  Must use reasonable care.

WHS Act 2011  What are the maximum fines & Penalties non compliance? (reckless conduct – category 1)  INDIVIDUAL - $300,000 or 5 years imprisonment or both.  PCBU OR OFFICER - $600,000 or 5 years imprisonment or both  BODY CORPORATE (Business or company) - $3,000,000.

WHS Act Prosecutions

WHS Act 2011  What can you do to be compliant and protect yourself, your business and your assets?:  Risk management & safety Inspection – Identify the hazards and make your business comply with legislation.  Central Coast Safety Group – Google Central Coast Safety Group  Insurance Cover is available to protect you against: (NOT COVERED by PUBLIC LIABILITY or WORKERS COMP!)  Statutory Fines (Workcover WHS Breaches etc)  Legal defence costs against a WHS allegation‏  Also cover employment law related claims (e.g unfair dismissal)  Also covers theft by employees (embezzlement).

WHS Act 2011 – Claim Example  Who: Manufacturer  What happened: An employee injured onsite whilst operating machinery resulting in finger being amputated. A few months later second incident resulting in worker being injured. Workcover investigated and issued proceedings against the company & Directors for alleged breaches of WH&S Legislation.  Outcome: The Insured was found to have breached the Act. The company was fined $98,000 and Director fined $26,000. Insurer paid $150,000 in defence costs plus fines.

THANKYOU!  Questions?